As an employer, you are responsible for the occupational health and safety of your employees and visitors. You also have the duty to conduct OHS consultations with employees on the procedures that should be followed to eliminate or reduce work-related injury and illness and to promote health and well-being.
This is not only a legal responsibility – there are very real benefits for an employer to implement and maintain a consultative approach. It ensures that a safe and healthy work environment, and work practices, programs and procedures are actually created and maintained by the people who must work within these systems and be guided by them.
Workplace consultation explained simply
Effective consultation means:
- that consultation takes place before the agenda is set and decisions are made
- the employer is facilitative and listens
- employees are pro-active, and are encouraged to suggest ideas
- training is provided for employees in risk assessment, and in communication skills
- that communication is interactive, genuine and collaborative
- people work together with trust and mutual respect
- the business is open and receptive to employee participation
- information which is relevant is provided
- there are opportunities for one-to-one communication with employees and there is clear, ongoing feedback
- outcomes of the consultation process result in improvements to the systems for managing safety in the workplace.
Why do employees need to be consulted on workplace safety?
It is a legal requirement for all businesses in NSW to consult with employees on workplace health and safety which may affect them in the workplace. This requirement is contained in section 13 of the OHS Act 2000 as a 'Duty to Consult'.
The best outcomes in OHS come when employees are involved in the process. Consulting with employees and having a formal mechanism to do this is an effective way of involving employees in workplace safety.
What does this new requirement mean for your business?
This means that your business must discuss with your employees the requirement to consult on workplace safety and to decide and agree on which form of consultation arrangement you will have.
During discussions with your employees, you can choose between an OHS Committee, OHS representatives or some other 'agreed arrangement' to conduct the consultation.
Section 17(4) of the OHS Act 2000 states that an employer may make arrangements for the establishment of an OHS Committee or the election of an OHS Representative whether or not it has been requested by the employees.
Consultation meetings will need to be conducted from time to time and you will need to keep records of this consultation.
Has the old requirement for a committee in some businesses changed?
No. An OHS Committee is one of the forms which consultation with your employees can take. If you have a committee, you can keep this as your form of consultation, providing that your employees agree to keep it (after the end of the current committee term).
An OHS Committee would be established if you employ 20 or more persons, and the majority of them requests that a committee is formed; or if WorkCover directs that you form an OHS Committee.
You already have an OHS Committee, do you need to change?
No. If you currently have an OHS Committee which was formed under the 1983 OHS Act, this committee may keep operating until the end of its two year term (an OHS Committee is formed for two years).
The committee does not need to keep operating if you agree that you will use a different arrangement such as OHS representative or an 'agreed alternative form of consultation'.
At the end of the OHS Committee’s two year term, you need to discuss the type of consultation arrangement you will use in the business and whether to keep an OHS Committee, or have OHS representatives or an 'agreed alternative form of consultation'. If you decide to change from an OHS Committee to something different, you have three months from the end of the Committee’s term to implement the new arrangement.
Do you need to train your safety rep or committee?
Yes. WorkCover NSW has prescribed a WorkCover-accredited four day Consultation Course as the training requirement for all OHS Committee members and OHS Representatives.
Where you use 'other agreed arrangements' for your OHS consultation, you will need to consult with your employees about training which may be needed by participants.
Where can you get this WorkCover accredited training?
WorkCover NSW has accredited various OHS professionals who deliver this training.
NSW Business Chamber OHS Unit have accredited trainers who deliver this training. Alternatively our trainers can deliver the course at your work site.
What sorts of things should I consult with employees about?
Consultation is required under the OHS Act 2000 when:
- risks are being assessed, and when risk assessments are being reviewed
- decisions are being made about measures to eliminate or control risks
- introducing or changing procedures used to monitor the risks (eg. health surveillance)
- decisions about facilities for welfare of employees
- changes are proposed which could affect health, safety, or welfare
- deciding about consultation arrangements to be used.
Examples would include safety inspections, training, processes, how work is being conducted and risk controls.
Do you need to keep records?
Yes. You need to keep records to show that you have consulted with employees about which consultation arrangement you will use, and about regular consultation which is held. You should also keep records of issues which have been consulted, and any recommendations and decisions which arise as a result of consultation.
What is a workgroup?
A work group is a group of people in the workplace who are being represented. For example in a large organisation, there may be an office workgroup, or a warehouse workgroup. The OHS committee member, or OHS representative for this workgroup represents the people of that workgroup during consultation meetings.
What if your employees don’t want to be on your OHS Committee?
You could try providing them with information about what they would be doing, and how the process would work in your business. You could encourage them to consider all options for consultation and explain that they would be trained for the role.
You could also discuss having 'other agreed arrangements' to meet your legal obligations.
What is meant by 'other agreed arrangements'?
This is some other form of consultation which must be agreed by your employees and management, and is an alternative to having an OHS Committee or OHS representatives. It must be used to discuss OHS and welfare, but could also be used to discuss other issues such as production, company progress, quality assurance and environmental management.
Examples could include:
- regular team meetings
- department meetings
- production meetings
- consultative committee meetings.
What about training for your 'agreed alternative form of consultation'?
You must discuss this with employees when this alternative form of consultation is being discussed as an option. Training may be needed if persons involved in this alternative form of consultation have not been training in OHS previously.
What can happen if you don’t have a consultation arrangement and cannot prove that you have conducted consultation with employees on OHS?
If you don’t have a consultation arrangement in place and have not conducted consultation with employees on OHS matters which affect their health and safety, then you are in breach of the OHS law and can be fined or prosecuted by WorkCover NSW.
What is meant by 'Meaningful and Effective Consultation' (ref: OHS Consultation Code of Practice, 2001, WorkCover NSW)
- The sharing of relevant information about OHS and welfare with employees
- That employees are given the opportunity to express their views and to contribute in a timely fashion to the resolution of OHS and welfare issues at their place of work
- That the views of employees are valued and taken into account.
For assistance with managing OHS in your business:
Contact Ramon Gebert via email or call on 13 26 96.